AMRITPAL KAUR Vs. MOHINDER KAUR

JUDGEMENT

(1.) Questioning the correctness of judgment and decree passed by the learned First Appellate Court, the plaintiff has filed the present appeal.

(2.) A pedigree table would facilitate the Court to understand inter se relationship between the parties:-

(3.) It is evident from the perusal of the pedigree table that Avtar Singh left behind two widows namely late Smt. Ranjit Kaur and Smt. Mohinder Kaur. From the lions of Sh. Avtar Singh, Smt. Ranjit Kaur gave birth to two children namely Smt. Amritpal Kaur (plaintiff) and late Ms. Narinder Pal Kaur. Ms. Narinder Pal Kaur is stated to have died after the death of Sh. Avtar Singh and after the death of Ms. Narinder Pal Kaur, Smt. Ranjit Kaur also died. Similarly, from the lions of Sh. Avtar Singh, Smt. Mohinder Kaur gave birth to two children Sh. Veer Inder Singh and Smt. Jaswinder Kaur. Late Sh. Avtar Singh died on 28/6/1980. During his lifetime, he was an owner of various properties including agricultural land located in four different villages namely Sayianwala, Wan, Buttar and Jhoke Sarkari. On the death of Sh. Avtar Singh, the property located in villages Buttar and Jhoke Sarkari was mutated in favour of Smt. Mohinder Kaur (widow) and Sh. Veer Inder Singh on the basis of registered Will dtd. 8/10/1979, left behind by Sh. Avtar Singh. Whereas, the immovable property located in Village Sayianwala and Wan were mutated on the basis of natural succession in accordance with Schedule I of the Hindu Succession Act, 1956. Sh. Veer Inder Singh and Smt. Mohinder Kaur executed various sale deeds in favour of defendants No.4 and 5 in the year 2000. Smt. Amritpal Kaur, the married daughter of late Sh. Avtar Singh filed the suit on 12/4/2001, claiming that after the death of Sh. Avtar Singh all the six family members sat together and entered into a family settlement according to which the various properties located in village Sayianwala and Wan were decided to be given to Smt. Ranjit Kaur, Smt. Amritpal Kaur and Ms. Narinder Pal Kaur, whereas, the various properties located in village Jhoke Sarkari and Buttar fell to the share of Smt. Mohinder Kaur, Sh. Veer Inder Singh and Smt. Jaswinder Kaur. The plaintiff also asserted that Smt. Mohinder Kaur and Sh. Veer Inder Singh agreed that they shall not inherit the property on the basis of a registered Will dtd. 8/10/1979. In the alternative, it was pleaded that the alleged Will dtd. 8/10/1979, is wrong, illegal, null, void, false and fabricated as the same has been prepared by defendant No.1 to 3 in collusion with the scribe and the marginal witnesses. The plaintiff claims that the sale deeds executed by defendant No.1 and 2 namely Smt. Mohinder Kaur and Sh. Veer Inder Singh, are against the family settlement and, therefore, not binding on her rights.